Nodak Mutual Farm Bureau v. Kosmatka

SANDSTROM, Justice.

[¶ 1] James and Kathleen Nelson appeal from an East Central Judicial District Court order granting partial summary judgment determining the Nelsons were not allowed to receive funds interpleaded by Nodak Mutual Farm Bureau (“No-dak”). 1 Concluding the district court improvidently granted certification under Rule 54(b), N.D.R.Civ.P., we dismiss the appeal.

I

[¶ 2] Jason Kosmatka, Nathan Lubarski, and Holly Anderson were passengers in a vehicle driven by Scott Johnson. Johnson’s vehicle collided with a vehicle driven by James Nelson. Nelson’s son, Matthew Nelson, a passenger in…